everything you work for all your life, you know. could go up in flames. >> dozens of homes threatened as the fire burning on mt. diablo continues to grow. hundreds of firefighters from all over california have been called in to help battle the flames. >> good morning. it's 4:30. i'm jon kelley. >> i'm laura garcia-cannon. the so-called morgan fire has more than doubled in size. so far 3700 acres have burned and the fire 20% contained. firefighters trying to protect 100 structures including some homes. bob redell is live where we'll get an update on the efforts in about an hour. >> good morning. can you hear me?

>> go ahead, bob. >> reporter: spoke with cal fire and they said they are not going to do the 6:00 a.m. update. so here is the update. give you an update. yesterday morning at this time the morgan fire had burned 1500 acres, by yesterday afternoon, 3700 acres. here's the update. then the fire's growth has stopped. last night the fire had not groep. this is in part because of the wind changed direction forcing the fire to blow back in on itself and because of the work of firefighters. there are 700 of them who have been cutting firelines. so they are gives themselves a pat on the back they have been able to stop the forward progress. containment is just at 20%, that number has not increased overnight. but again, the good news is that the fire has stopped progressing, it's not grown in size. it's burning in on itself.

the morgan fire, firefighters have been able to protect the building and beacon along the communication equipment at the summit of mt. diablo and many roads still remain closed to the public to keep them safe and also get firefighters easy access. the headline is the fire itself has stopped progressing. right now it's stuck at roughly 3700 acres. reporting live, for the morgan fire, here in dublin, bob redell, "today in the bay." >> of course weather having a big time impact on this fire. the strong winds helping fuel that fire. meteorologist christina loren looking at what is in store. they have a lot to deal with. >> they do. like we were talking about yesterday, right on time the winds picked up making it even more difficult to battle that blaze. let's tell you what we're working with this morning. mt. diablo area warm at 76, humidity has come up over the past 24 hours by 3% so we're looking better but it's still

very low. and wind has shifted, now coming straight off the ocean west at 13 miles per hour sustained, gusting to 20 miles per hour from time to time. as we head throughout day we're going to see a cooler day but the winds are going to continue to shift. so i'll show you what we're expecting coming up. but right now back to you, jon and laura. >> thank you very much. as you might expect that fire also causing trouble with the air quality around mt. diablo. the clayton library evacuation center and, a lot of schools keeping schools inside for p.e. and recess. danville canceled youth sporting events because of the smoke leaving the fields empty. other parts of the bay area, cars have a light coat of ash. it has been a rough one to push back on. if you see smoke or flames we ask you to stay safe but if you have a chance at a good distance to snap a photo, e-mail it in to

isee@nbcbayarea.com. you can also post your photos on our facebook and twitter page. >> it's 4:34. we have breaking news we're covering in berkeley. investigators are looking into the cause of an apartment fire. flames erupted a few hours ago at the building on oregon street near telegraph avenue not too far from willard park. nearly a dozen people inside were safely evacuated. however, one person was taken to the hospital with unknown injuries. christie smith is at the scene gathering more information. she'll have an update in the next half hour. >> keeping with the fire theme we'll learn more about how the rim fire has impacted san francisco's water and power systems. the san francisco public utilities commission presenting an update on conditions at hetch-hetchy reservoir which supplies a lot of the city's drinking fire. the fire has taken a toll on some of the electric power that travels through the burned out

area. the rim fire has now burned more than 253,000 acres. this one, however, is about 80% contained. firefighters looking positively ahead, they expect this to be contained by some time next week. it has been expensive. california spent the $100 million battling this fire alone. with the rim fire now nearing containment, efforts under way to restore vegetation and wildlife in that burn zone. a river trust has launched a campaign calling on congress to commit funding for a recovery plan to bring the river's ecosystem back into balance. the river trust will announce the campaign some time this morning. >> 4:35. cupertino school officials say 3 fires that damaged two schools were not an accident. the fires ignited thursday night at bethel lutheran school and across the street at cupertino. the fire at cupertino high

school destroyed garbage bins and sports equipment. there was major damage to a building. it willing closed several months. the school will combine classes for preschool and elementary school. the principal at bethel school says staff has been told someone allegedly set the fires and authorities have taken a 15-year-old boy into custody. authorities, however, have not confirmed those reports. san jose police releasing very few details as they deal with the fourth homicide in school history. the university police department has three of its full time investigators working on this case. at this point they have not made any arrests. a man was found slumped over in his car on east humboldt street on sunday morning. officers have not released his name but say he is not a student. the last homicide on this campus was in 2011 when a man and a woman were shot to death in a

university garage. the homicide on the san jose state campus was the latest in a series to hit the city. san jose police say the three homicides over the weekend have nothing to do with staffing issues. the 2008 recession forced the city to cut officers, leaving just 925 active duty officers for a city of almost a million people. that leaves about one officer for every 1100 people. of those, 470 of them patrol the streets. the city council currently looking at a plan to add 200 more officers over the next four years. >> it's 4:37, also the day apple fans waiting for, the company set to make an announcement at its headquarters. most expect the announcement to be a new iphone. presumably the iphone 5 x. models come in a variety of colors. apple has been under pressure to

innovate in the past two years that ceo tim cook has been at the helm. today's announcement is at 10:00 a.m. >> we're getting a look at plans for the largest office project ever proposed in san jose, a real estate firm now wants to bailed 2 million square foot complex on the city's north side along highway 101 near the exit, intersection of broadway -- i should say brokaw road and north first street. city officials say up to 10,000 people could work in the ten proposed office buildings, each reaching seven stories high. the project would cost an estimated $400 million. >> more fun expected on the water today. america's cup sailing race picks back up. race 5 slated to start at 1:10. race 6 will happen right after that. as it stands now the kiwis have a lead. oracle started the series with a negative two wins after an

international jury determined the team cheated during the america's cup world series. you can watch today's races here on nbc bay area. because of that days of our lives will air at noon, bethenny at 3:00 and then by ellen. watch nbc bay area news at 5:00. >> got it all. america's cup, betheny. >> you checked it out. >> got to work out some kinks. we wish her well. what's happening outside? >> she had a zesty guy on the show. that's a little fun with that. and as you know, he likes to sizzle it up. we have hot weather again but temperatures aren't going to be as hot as where we ended up yesterday. we are starting out mild in places like livermore at 67. 59 in oakland and 58 degrees in san francisco. so we do have plenty of low cloud cover especially at the

coast, most clouds spanning inland. it's going to lead to a cooler day so we're going to drop from the triple digits inland to the mid 9s os. what we expect from the wind, they were coming from the northwest as we head through the afternoon, they will be shifting to the west-southwest, so that's going to put a little bit of a hamper on the fire fighting efforts. we're not expecting them to be as strong but they are going to shift. so, we don't know right now what that means for the fire that is burning on mt. diablo but it does look like it will be problematic. this is what we expect later on today. temperature around 90, closer to 98. 15% humidity and wind out of the west-southwest, 10 to 15 miles per hour. down to 15 to 25 miles per hour that we were working with overnight. elsewhere, i'm forecasting 90 degrees in concord, 80 in fremont and 72 in san francisco. coming up i received the latest nasa image of this fire from

space. i'll be able to show it to you in my next report. let's check in with anthony. >> mike taking another day off. we're tracking the potential for a little bit of heavier traffic. especially across the east bay and right now we're looking at things pretty light across the san mateo bridge. yesterday at this time we could see the glow from the fire over the mountains. this morning, good news, you can't see that so that means a little sign of progress here across the east bay. to the traffic maps, we have an accident on 880 southbound at the dumbarton bridge. you can see it's not affecting traffic. things are moving around that. show you the bay bridge approach. moving smoothly there. but here is the story. it's really all about what you can't see. let's show you the bridge. once you get over the open water headed into san francisco, things are very fogged in so be sure that you are well aware of that as you head out. back to you. >> thank you very much. >> it's 4:41. coming up on "today in the bay," a landmark hearing about to

start on capitol hill. we'll let you know how this could have major impact on california's medical marijuana industry. >> a new bill that would stop b.a.r.t.'s cell phone service scrambling program. >> also the president pushing for that possible military strike in syria. we'll let you know what she expected to say in national remarks tonight before the nation, plus, the new poll showing how many americans are behind him.

new this morning, in india four men can face the death penalty for a deadly gang rape on a moving bus. the men have been convicted on counts including rape and murder for the attack on a woman in december. the victim ended up dying of massive internal injuries two weeks after the attack. the cause sparking outrage and pushed the government to pass new law protecting women from sexual crimes. the men could be sentenced to death in court tomorrow. >> to the latest on the crisis in syria. an international human rights group says evidence strongly suggests syria's government used chemical weapons against its own people in the deadly attack. human rights watch says it has examined witness accounts and

documents from the august 21 attack. the group says the documented medical symptoms of the victims are consistent with the nerve gas sarin. russia is proposing syria turn over all of its chemical weapons to avoid a military strike by the united states. secretary of state john kerry made that suggestion yesterday during a news conference in london but president obama says the idea first came up during his 20-minute meeting with russian president vladamir putin at the g-20 summit. syria's foreign minister has reportedly embraced the idea. a poll shows that most americans do not want the u.s. to use military force in syria. nbc news "wall street journal" poll found nearly 60% of americans want the lawmakers to vote no on a potential airstrike. the poll finds 24% believe military action is in the best interest of the united states. president obama will speak to the nation tonight in a televised address to make his

case for action in syria. support in congress is declining. the senate would delay a test vote for the proposed airstrike citing international discussions whether syria's government actually used chemical weapons. you can watch president obama's speech here on nbc bay area. it will air at 6:00 p.m. right after nightly fwhus brian williams. we'll return with local news following the president's speech at 6:15. >> tough news here for hundreds of people in one of the biggest banks. those individuals now on the verge of losing their jobs. kayla tausche is live with all of the details on that and so much more. good morning. >> good morning, guys. bank of america is reportedly street lay off 2100 people from its mortgage business after a drop in refinancing activity. it will affect several workers in many states including ohio, virginia and florida who received notice last month. about half the job cuts come

from the cleveland area. bank of america is the third largest u.s. mortgage lender but applications have dropped 63% since may. futures in the market are higher after stocks rallied monday. the dow poufting its best day in eight weeks and first triple digit gains since august 1. investors reacting to better than expected data on chinese exports t russian proposal for a possible solution in syria and anticipation over what products apple may unveil this afternoon. the dow rising 140 to 15,063 t nasdaq climbing 46 to 3706. back to you. >> kayla, good day on the markets. see if more continues today. thank you. >> the heat's going to continue as well. >> i bet it will. >> maybe not as hot as yesterday? >> no. i think you'll notice the difference. good morning to you. i want to start the live picture of the golden gate bridge. you can see a little sheen out here on the road. that's courtesy of steady

drizzle this morning. so, the low clouds are going to cool us off. we've got a return of westerly flow. it's going to take a couple days. above average, 59 degrees in oakland, you're right at 62 here in san jose and it's a balmy start in livermore at 67 degrees this morning. so we'll take you through your hour by hour changes. right at high noon, temperatures only in the low 80s. yesterday at noon we had 89 degrees in places like livermore, san jose about 81 as you break for lunch. comfortable day in the city by the bay, but those days are numbered. we're going to see cooler weather as we head into tomorrow and the end of the week. 93 degrees for livermore, 87 in santa teresa, about 85 in the heat of the day in san jose. highs are coming in at 3:30 in the afternoon. san francisco is going to be delightful between about noon and 4:00, you're going to get a lot of sunshine, then the fog will roll back in. so here's where we're headed. temperatures drop from mid-90s back to average, wednesday into

thursday. temperatures will feel a lot more comfortable. a warm-up friday through saturday, then sunday and monday just six days until fall when we hit next monday. temperatures are going to start to drop off. so, get it while it's warm. back to you, jon and laura. >> we shall. thank you very much. the senate judiciary committee opening hearings that could lead to the federal legalization of marijuana. the timing triggered by the announcement from the u.s. attorney general eric holder that federal authorities will no longer interfere with state pot laws. some lawmakers say they hope for changes in the federal laws allowing marijuana sellers to accept credit cards and checks. that would help prevent the black market deals and cartel influence on marijuana sales. >> a new bill restricting state government agencies from scrambling cell phone service one signature away from law. the bill comes in response to

b.a.r.t.'s controversial decision to shut down mobile service at four stations to prevent a protest. the legislation would require all government entities to obtain a court order within six hours of a crisis before interrupting cell service. the bill cleared the legislature and now waits the approval of governor brown. >> coming up, making the grade. we'll tell you about a pair of local universities making the list of top colleges in america. >> why this car pulled in almost $1 million at a recent auction. >> and this morning waking up to fog, drizzle over the area bridges. we'll get you out the door on time. it's pretty light right now. we're back after this.

good morning. it's tuesday morning to be precise. that's a live look from the south bay spanning over san jose. the sun is yet to come up. christina loren says it will be a warm one. maybe not as warm as yesterday. 4:54 now. ranking the best colleges released. no shocker here it's good to go ivy league with princeton taking the top honors. the top three schools come from the ivy league. harvard at number 2 behind princeton, harvard the school of president obama. this is on the "u.s. news and world report" list, yale is number 3.

and guess what, here in the bay area, something to love, top ranked bay area university stanford gets in there tied for fifth. with the university of chicago. meantime, uc-berkeley the top public school on the list at 20 overall. the list ranked colleges looking at selectivity, retention and graduation rates. >> think about heading to northern europe. not yet. the annual world happiness report by columbia university finds the happiest countries are denmark, norwarks switzerland and the netherlands and sweden. the report is based on how satisfied people in each country are with their lives. the united states was what do you think? >> top 20. >> 17th. it's behind our neighbor to the north, canada which was sixth, mexico is one up on us at 16th. >> i'm all about the be happy but here in america i'm very happy. 17th, low as far as i'm

concerned. >> speaking of good vibrations let's check in with anthony slaughter. >> things look good now so real good vibrations on a tuesday. looking at heavy traffic yesterday and plenty of accidents. today a different story. it's early. you can see we're looking across the bay bridge. this shot, it's so fogged in. i want to give you a heads up. that's what you're going to deal with as you head into san francisco. even if you come in from the north bay, you can see some of the sheets of mist hitting the camera. we have a pretty steady marine layer moving through. we'll continue to track your traffic. you can see the san mateo bridge, the same there. fogged in with lots of low drizzle and cloud cover. so heads up for that. even 101 southbound or in the south bay on northbound side direction, you can see in san jose moving smoothly. we'll be watching this for you. >> what would be awesome, seeing

one of these. that's james bond's famous submarine car going to a new owner. it sold yesterday by a london auction for a cool $967,000. but that's actually below the expected price of nearly $1.5 million. this one a lot of you probably remember in the 1977 james bond film "the spy who loved me." it had an extra large bag of popcorn watching this. it is a fully operational submarine which is always key around the bay area in case it rains. >> in case you need it. this just in. syria accept add russian proposal to surrender its chemical weapons. marla tellez is going to join us live. she is working on this. >> that is monumental news.

breaking news out of berkeley. the coroner has been called to a fast-moving apartment fire. neighbors say a man in his 50s has died. i'll have the story coming up. >> reporter: a possible turning point in the fight against the  fire burning mt. diablo. i'm bob redell. i'll take you to dublin for the latest. >> winds going to shift. we'll tell you what that means for the fire fighting efforts on mount diablo. for us we're starting out mild. we've got a cooler day headed our way. still going to be hot in spots. your forecast coming up. >> and we have a thick marine layer across the area now that's keeping fog and drizzle across our area bridges. we'll get you out the door and let you know what your morning commute looks like. >> and taking a live look outside this morning from the south bay, waiting for the sun's grand arrival on tuesday, september 10. this is "today in the bay."